Muslim Marriage Community Of Property

There is no concept of community property or other methods of property division in islamic law.

Muslim marriage community of property.

Marriage in islam is what controls the right to inheritance the legal status of the marriage under state law is irrelevant for islamic purposes. While community property is not created unless there is a marriage under state law it is possible co habitants to own their property equally if they have an agreement to do so. In modern times the marriage contract is signed in the presence of an islamic judge imam or trusted community elder who is familiar with islamic law. In community of property out of community of property or out of community with accrual.

In islam marriage is considered both a social agreement and a legal contract. The process of signing the contract is usually a private affair involving only the immediate families of the bride and groom. Upon divorce she is entitled to get the 50. As a result the methods utilized in the islamic world to help protect women upon divorce can be voided by construing an islamic marriage contract as being a type of prenuptial agreement.

As far as the division of property goes a hindu woman is the joint co owner of her husband s residential property even if the property is not in her name. It is important to note however that this does not mean all muslim marriages are now valid. Muslim marriages are seen to be marriages out of community excluding the accrual system. All these types of marriages do not allow for polygynous though the courts have removed some of the unconstitutional consequences against muslim women on a piecemeal and limited basis the default position remains one of exclusion and marginalisation.

In addition a marriage officer may not marry any person who is already in another marriage even if that marriage is not registered in terms of the marriage act. Personal laws of any community cannot claim supremacy over the rights granted to individuals by the constitution the court said. This means that the marriage will be in community of property unless the spouses enter into an antenuptial agreement. Instead muslim marriages are deemed to be marriages out of community of property excluding the accrual system.

There are three types of marriages i e. A muslim marriage is the same as a civil union in terms of the marriage act.